Summary
Under the Bihar Excise Act as amended at the time of the June 2016 incident, a private vehicle on a public road fell within “public place”. However, Section 53(a) required consumption within Bihar; a positive alcohol test alone did not dispense with that territorial ingredient. Whether the charge-sheet supplied evidence of consumption in Bihar was left to the Magistrate on a discharge application. The later offence of being found drunk could not determine liability under the earlier provision.
Issues
- Whether a private vehicle on a public road was a public place under the applicable definition.
- Whether Section 53(a) required evidence that consumption occurred in Bihar.
Provisions considered
- Sections 2(17), 2(17A) and 53(a), Bihar Excise Act, 1915, as amended in 2016Vehicle on a public road fell within public place; the consumption offence required consumption within Bihar. (¶¶ 12–15, 21–28)
- Section 37(b), Bihar Prohibition and Excise Act, 2016Later offence of being found drunk distinguished from the consumption offence applicable to the incident. (¶¶ 19, 28)
Held
- Place expressly included a vehicle, and public access did not require access as of right. A private vehicle travelling on a public road could be approached by the public and was covered by the applicable public-place definition. (¶ 21–26)
- Consumption in another State could not attract Section 53(a) without evidence of consumption in Bihar. The subsequently introduced offence of being found drunk at any place was distinct and was not part of the applicable earlier law. (¶ 27–28)
- Whether consumption within Bihar was supported by the charge-sheet was for the Magistrate to examine, rather than finally decide in this appeal. (¶ 28–29)
Result
Appeal disposed of with liberty to apply for discharge before the Magistrate, who must decide on the material on record in accordance with law. No final finding of guilt or discharge entered.